United States v. Collums ( 2001 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-60306
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROBERT W. COLLUMS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:00-CR-116-WS
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October 25, 2001
Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Robert W. Collums appeals the sentence imposed following his
guilty-plea conviction for being a felon in possession of a
firearm in violation of 18 U.S.C. § 922(g)(1). He argues that
the district court erred in increasing his offense level by two
points for obstruction of justice. After conducting a hearing,
the district court found that Collums looked at Officer Slade
Moore, the arresting officer, and stated, “I will see you again.”
The district court also found that as Collums turned a corner
going toward the door of the courtroom, he said, “son of a
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 01-60306
-2-
bitch.” Collums has not shown that the district court clearly
erred in determining that Collums’ statement to Officer Moore was
a veiled threat which warranted a two-level increase in his
offense level for obstruction of justice pursuant to U.S.S.G.
§ 3C1.1. See § 3C1.1, comment. (n.4(a)); see also United States
v. Graves, 5 F.3d 1546, 1555 (5th Cir. 1993).
Collums argues that the district court erred in denying a
two-point reduction in his offense level for acceptance of
responsibility pursuant to U.S.S.G. § 3E1.1. Because Collums’
statements indicated he had not shown remorse or accepted
responsibility for his criminal behavior, the district court did
not err in denying a reduction in his offense level for
acceptance of responsibility. See § 3E1.1, comment. (n.4); see
also United States v. Lujan-Sauceda, 187 F.3d 451, 452 (5th Cir.
1999).
AFFIRMED.